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Resisting Arrest in City of Morgantown

How to Prepare and Defend Against Resisting Arrest Charges in Morgantown, WV Municipal Court 

Frank Walker Law: Fighting for Your Rights and Freedom in West Virginia 

Being charged with resisting arrest in Morgantown, West Virginia, can be a daunting and frustrating experience. These charges often arise during emotionally charged situations and can significantly impact your future, including your reputation, employment prospects, and freedom. Understanding how to navigate the legal system and mount a strong defense is critical. 

At Frank Walker Law, we have extensive experience representing clients charged with resisting arrest in Morgantown Municipal Court and throughout West Virginia. Below, we outline what you need to know about resisting arrest charges under West Virginia law and how our firm can help you build a solid defense. 

What Constitutes Resisting Arrest in West Virginia? 

Under West Virginia Code §61-5-17(a), resisting arrest occurs when an individual intentionally obstructs or resists a law enforcement officer in the performance of their official duties. This may include: 

  • Physically resisting being handcuffed or detained, 

  • Fleeing from an officer attempting to make an arrest, or 

  • Verbally or non-physically obstructing an officer’s actions. 

Resisting arrest is generally charged as a misdemeanor in West Virginia, punishable by up to one year in jail, a fine of up to $500, or both. However, these charges often accompany other criminal charges, such as assault, disorderly conduct, or DUI, which can compound the penalties. 

Common Defenses to Resisting Arrest Charges 

At Frank Walker Law, we explore every avenue to challenge resisting arrest charges. Some of the most effective defenses include: 

1. Lack of Probable Cause for Arrest

  • If the officer did not have a valid reason or probable cause to arrest you, the resisting arrest charge could be invalidated. 

2. Excessive Force by Law Enforcement

  • If the arresting officer used excessive or unnecessary force, it may provide a defense or lead to suppression of evidence. 

3. Unlawful Arrest

  • If the underlying arrest was unlawful, any resisting arrest charge may be dismissed.

4. Self-Defense

  • West Virginia law allows individuals to use reasonable force to protect themselves against excessive force or unlawful actions by law enforcement. 

5. Misunderstanding or Miscommunication

  • In many cases, what law enforcement interprets as resisting arrest may be the result of confusion, panic, or medical issues. 

6. Lack of Intent

  • Resisting arrest requires intentional action. If your actions were unintentional or involuntary, you may have a valid defense. 

How to Prepare for A Resisting Arrest Case in Morgantown Municipal Court 

If you’ve been charged with resisting arrest, taking the following steps can strengthen your defense: 

1. Hire an Experienced Criminal Defense Attorney 

The first and most critical step is securing an attorney who understands the nuances of West Virginia law and the procedures of the Morgantown Municipal Court. Attorney Frank Walker has a proven track record of successfully defending clients against resisting arrest charges. 

2. Document the Incident 

  • Write down everything you remember about the arrest, including the events leading up to it, what the officer said, and how you responded. 

  • Identify any witnesses who may have observed the arrest. 

3. Obtain Evidence 

  • Surveillance footage, body camera recordings, or cell phone videos can provide critical evidence to support your defense. 

4. Avoid Talking to Law Enforcement Without an Attorney 

Anything you say can be used against you in court. It’s essential to have legal representation before making any statements. 

5. Address Underlying Charges 

Resisting arrest charges often accompany other criminal charges. A strong defense strategy will address all charges comprehensively. 

Consequences of A Resisting Arrest Conviction 

A conviction for resisting arrest in West Virginia can have far-reaching consequences, including: 

  • Jail Time: Up to one year in jail for a misdemeanor conviction. 

  • Fines: Financial penalties up to $500. 

  • Criminal Record: A permanent mark on your record can affect employment, housing, and educational opportunities. 

  • Increased Sentencing for Related Charges: If convicted of multiple charges, penalties may be enhanced. 

How Frank Walker Law Can Help You 

Attorney Frank Walker is a seasoned criminal defense lawyer with extensive experience defending clients in Morgantown Municipal Court and across West Virginia. When you choose Frank Walker Law, you gain: 

  • Aggressive Defense: We fight tirelessly to protect your rights and challenge every aspect of the prosecution’s case. 

  • Local Knowledge: Our familiarity with the Morgantown Municipal Court system, judges, and prosecutors allows us to tailor our defense strategy to your case. 

  • Comprehensive Representation: We handle all aspects of your case, from evidence gathering to negotiation and trial advocacy. 

Contact Frank Walker Law Today 

If you or a loved one has been charged with resisting arrest in Morgantown, WV, don’t wait to seek experienced legal counsel. The stakes are high, but with the right attorney by your side, you can fight to protect your rights, freedom, and future. 

Call Frank Walker Law today to schedule a confidential consultation. Attorney Frank Walker will evaluate your case, explain your options, and develop a personalized defense strategy to achieve the best possible outcome. 

When your future is on the line, trust Frank Walker Law to defend your rights.